North Croydon 20mph CONSULTATION RESULTS, June 2015

The request was partially successful.

Dear Croydon Borough Council,

Please provide an XLS (not XLSX) spreadsheet with the following data:

A - State the number of households in the area + how determined
State also the number of business addresses in the area.
State also the number of households and of businesses in each road with a full list of those roads + their postcode (s)

B - For consultation responses made online:

Column 1 to have the online response number
1 - The date and time of each response (columns 2 + 3)
2 - The full post code of each respondent (other name + address details not required) (col 4)
3 - The YES / NO / DK answer to Qu 1 (col 5)
4 - Each of the 5 answers to Qu 2 (cols 6-10)
5 - The text of any additional remarks (col 11)
6 - Whether INSIDE or OUTSIDE the north Croydon area (col 12)

C - For consultation responses made on paper forms:
The same information as above, except that the time column will be blank, and the date column will be the date of receipt by the council.
Column 1 will be the paper form response number.
The time column may be used to show the date the form was posted, if this is shown

I note that the council will be creating and publishing its own analysis.
I am asking that the council ensures that any such analysis includes the data requested above.
That will ensure that any time spent on this FOI is minmiised and minimal beyond that already allocated to the study.

Yours faithfully,

Mark Black

Freedom of Information, Croydon Borough Council

 

Dear Mr Black

 

Freedom of Information Request

 

Thank you for your recent request.

 

Your request is being considered and you will receive a response within
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Your request may require either full or partial transfer to another public
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If we are unable to provide you with the information requested we will
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may appeal (if appropriate).

 

Please note that the directorate team may contact you for further
information where we believe that the request is not significantly clear
for us to respond fully.

 

 

Yours sincerely

 

Lynda Fay

FOI Co-ordinator

Croydon Council

 

Information in relation to the London Borough of Croydon is available
at [1]http://www.croydonobservatory.org/. Also responses to previous
Freedom of Information requests can also be found on the following link

[2]https://croydondata.wordpress.com/

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Freedom of Information, Croydon Borough Council

2 Attachments

Dear Mr Black 

Freedom of Information Request

Please see attached the council's response to your Freedom of Information
request.

Yours sincerely

 

Lynda Fay

FOI Coordinator

Croydon Council

 

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Dear Croydon Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Croydon Borough Council's handling of my FOI request 'North Croydon 20mph CONSULTATION RESULTS, June 2015'.

1 - Time of online response.

This must be obtainable in a similar way to the rest of the data.
Has the council asked Survey Monkey to provide this data?

2 - Postcode of response.

This data was a key element of the FOI.
Each postcode relates to around 40 properties, and many will have more than one person who could have provided the response.
It is routine in council traffic consultations to make public the road and here all the postcode does is to identify the road.
The council is asked to review this and provide the full postcode data as asked for.
The council should also consider providing just the road name, and / or the first 5 characters of the postcode, eg SW16 5N_ or SE25 6q_

3 - Whether inside or outside the zone.

The council has supplied data showing that there were 3382 responses.
The number of responses with either YES, NO or DK to Qu1 is 3265.
However Cabinet Member Cllr Bee stated that there were only 2320 valid responses.
See 1834 at http://www.croydon.public-i.tv/core/port...

The council FOI response showed only 117 as invalid in some way.
That all means there are 1062 responses which the FOI says are valid, but which have not been counted for some reason.

The council received this FOI before it began its analysis of the results.
It must have decided in each case whether to accept or reject a response.
All that is asked for is to reveal that fact.

If "that information is not currently held", it must mean that the council created the information, and then destroyed it after receiving the FOI but without passing it on.
That cannot be right, and is also not credible.

Please provide this information.

4 - In terms of paper responses, the council was asked to obtain the dates.
Pleas explain why the "council does not stamp receipt of consultation responses", as doing so would be normal good practice, and avoid allegations of abuse of process.

5 - The original FOI asked for an XLS not XLSX file.
The reason was that some can only use XLS files, while all who can use XLSX can use XLS as well.
Under anti-disccrimination principles and making information available to all, the council should comply with this request.
Please provide the file in XLS format - with the additional information requested above.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/n...

Yours faithfully,

Mark Black

Dear Freedom of Information,

Just to clarify, where a response has been rejected for some reason, that reason is also required.

Yours sincerely,

Mark Black

Dear Freedom of Information,

Please confirm receipt of my Internal Review request and update message, and when to expect a reply.

Yours sincerely,

Mark Black

Information, Croydon Borough Council

Dear Mr Black,

Your FoI request has been sent to our Legal department for review and we will respond to you as soon as this process is completed.

Kind regards,
Information Team.

show quoted sections

Derby, James, Croydon Borough Council

Dear Mr Black

 

I write regarding your email of 07 August 2015 expressing dissatisfaction
with the FOI response you received from the Council on 27th July 2015
relating to your request for information about the North Croydon 20mph
consultation results. I am now dealing with your complaint under the
internal review process.

 

As you may be aware, the Information Commissioner’s Office recommends that
internal reviews are undertaken within 20 working days following receipt
of the request, in other words, by 7th September 2015. I will be making
enquiries from relevant officers of the Council about your FOI request
which will allow my consideration of your complaint. I will revert to you
once the investigation is completed and has been considered in relation to
the provisions of the Freedom of Information Act 2000.

 

Regards

 

 

James Derby

Corporate Solicitor

Legal & Democratic Services

Resources Department

London Borough of  Croydon

Bernard Weatherhill House

8 Mint Walk

CR0 1EA

Tel: 020 8760 6000 Ext. 61359

Fax: 020 8760 5657

 

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Dear Derby, James,

Please take into account these quotes from the Officer Report, approved at Cabinet on 16-3-15.

The data stated as being to be published is wanted and should be available as part of this FOI.

§4.2.5 Resident Associations which are registered with the Council and lie within the affected area will be sent emails informing them of the proposal and encouraging them to get their members to consider filling out the on-line questionnaire.

Ward members will be encouraged to actively reach out to their constituents and inform them of the proposals.
- - [That does NOT mean handing out paper ballots - which no council officer could propose.] - -

The council will limit responses to be considered to one per household for the reasons as mentioned in section 4.2.2 and also because this methodology is consistent with that followed by Camden and many other local authorities.

§4.2.6. Responses from within the affected area are to be considered foremost when determining the level of support from those directly affected by the scheme and so naturally will carry more weight. Responses received from outside the North Croydon area as shown on the plan attached as Appendix A, will be analysed and reported as a separate statistic for consideration by the Cabinet Member.

The questionnaire, given as ‘Background paper 3’ will be placed on-line for interested persons to respond to. Hard copy information packs and questionnaires will be prepared but only sent out to individuals that request the information in that specific format.

The on-line information will consist of a description of the proposal and explanation on the benefits of a lower speed limit (given as Background paper 2) and a Frequently Asked Questions (given as Background paper 4) together with the questionnaire itself. A number of printed packs, with the same information will be prepared ready to send out for those that request it.

Responses received in respect of question one and two will be analysed and reported as follows:
a) A number/percentage of those in favour or against the proposal, for the whole of the area considered as one response.
b) A number/percentage, in favour or against, on a road by road basis, for the same area.
c) Responses received in respect of question two will be analysed and reported separately for each individual statement. This information will be presented for all roads from which a response has been received from within the area. .
d) For responses received from outside the area being considered, the information collected will be presented in similar way as given in points (a), (b), (c) above and be reported as that received from outside the area being considered.

Yours sincerely,

Mark Black

Dear Derby, James,

Thank you for your reply, promising the council's full Internal Review response by 7-9-15.

As we are now over a week past that deadline, please explain the delay and when the council will reply.

If it is not forthcoming within 7 days, a complaint to the ICO will follow.

Yours sincerely,

Mark Black

Stockton, Jessica, Croydon Borough Council

1 Attachment

Dear Mr Black,

 

Please be advised that Mr Derby is unexpectedly away from the office and I
have been asked today to pick up this matter in his absence. I have made
enquiries of the relevant department and will respond to you as soon as I
have heard further from them, but understand that the lead officer is on
annual leave so this may take longer than we would like.

 

Yours sincerely

 

Jessica Stockton

Corporate Solicitor 

 

Legal & Democratic Services
Resources Department
4th Flr Annex, Zone G

Bernard Weatherill House

8 Mint Walk

Croydon

Surrey

CR0 1EA

 

[1]cid:image002.jpg@01CF83BC.2AED9FA0

 

 

 

 

show quoted sections

Mark Black left an annotation ()

Complaint made today to ICO over Croydon failure to provide information required or to respond in reasonable time.

Stockton, Jessica, Croydon Borough Council

2 Attachments

Dear Mr Black,

 

Further to my earlier email, I have now heard further from the relevant
department regarding the information you have requested. Please find below
my assessment of your internal review request in accordance with the
provisions of the Freedom of Information Act 2000 (FOIA).

 

In your initial request you asked for the following:

 

“A -     State the number of households in the area + how determined

    State also the number of business addresses in the area.

    State also the number of households and of businesses in each road
with a full list of those roads + their postcode (s)

 

B -     For consultation responses made online:

 

Column 1 to have the online response number

1    -  The date and time of each response     (columns 2 + 3)

2   -   The full post code of each respondent (other name + address
details not required)    (col 4)

3   -   The YES / NO / DK answer to Qu 1    (col 5)

4   -   Each of the 5 answers to Qu 2    (cols 6-10)

5   -   The text of any additional remarks    (col 11)

6    -  Whether INSIDE or OUTSIDE the north Croydon area    (col 12)

 

C -     For consultation responses made on paper forms:

    The same information as above, except that the time column will be
blank, and the date column will be the date of receipt by the council.

    Column 1 will be the paper form response number.

    The time column may be used to show the date the form was posted, if
this is shown”

 

In response, the Council provided you with a spreadsheet which responded
to your queries to the extent that the information was, at the time, held
by the Council and not exempt by virtue of an applicable exemption within
the FOIA.  Exemptions were applied with regard to the date and time of
each response (section 12), the postcodes of the respondents which you
requested (section 40(2))  and whether the respondents were inside or
outside north Croydon (section 12).

 

I set out below your further comments from your request for an internal
review along with my responses to each. Please be aware that the purpose
of FOIA is to provide such information as the Council holds in relation to
your request. Its purpose is not to require the authority to generate
information which may satisfy your request if it is not held. In addition,
I am advised by the relevant department that the outcome of the
consultation, including the analysis of the consultation responses (which
has yet to be finalised) will be reported to an upcoming Traffic
Management Advisory Committee meeting in December 2015 and as such, to the
extent that the Council holds the remaining information you have
requested, (and to the extent that the information is not subject to the
protections within the Data Protection Act or withheld pursuant to the
provisions of Schedule 12A of the Local Government Act  1972) this will
form part of the report to members on the outcome of the consultation. It
is considered reasonable to decline to provide the information to you at
this stage as I am advised that the information in question still requires
further analysis to extract  and collate data. Accordingly the Council
will be relying on the provisions of section 22 in relation to such
information. Finally, the initial response set out the estimated officer
hours that the provision of certain types of information to you, would
require. The Council will be maintaining its reliance on section 12 in
relation to these matters as the appropriate limit would be exceeded in
extracting the data you have requested.

 

“1 - Time of online response.

 

This must be obtainable in a similar way to the rest of the data.

Has the council asked Survey Monkey to provide this data?”

 

This information is not held by the Council and pursuant to section 1(1)
such information as is not held by the Council is not required to be
disclosed pursuant to FOIA. To the extent that there is any expectation
that the Council would generate the data requested, the initial response
set out an anticipated time frame for doing so which meant that the
provisions of section 12 would be engaged. I hereby incorporate that
reasoning here and the provisions of section 12 will be applied to this
information.

 

“2 - Postcode of response.

 

This data was a key element of the FOI.

Each postcode relates to around 40 properties, and many will have more
than one person who could have provided the response.

It is routine in council traffic consultations to make public the road and
here all the postcode does is to identify the road.

The council is asked to review this and provide the full postcode data as
asked for.

The council should also consider providing just the road name, and / or
the first 5 characters of the postcode, eg SW16 5N_ or SE25 6q_”

 

The Council will not be providing the full postcode information to you as
it is considered that the exemption in section 40(2) is applicable to such
personal data.  Section 40 of FOIA provides an exemption from the right to
know where the information requested is personal data protected by the
Data Protection Act 1998 (“DPA”).The section 40 exemption is designed to
address the tension between public access to official information and the
need to protect personal information. For data to constitute personal
data, as defined by the Data Protection Act, it must relate to a living
individual, and that individual must be identifiable or capable of
identification from that information or, from the data and other
information in the possession of, or likely to come into the possession
of, the data controller (the so-called aggregation of data). The
Commissioner has published guidance on “Determining what is personal
data”. This looks at whether:

(a) a living individual can be identified from the data, or, from the data
and other information in the possession of, or likely to come into the

possession of, the members of the public, and

(b) the data “relate to” the identifiable living individual, whether in 
personal or family life, business or profession.

 

Essentially, if a member of the public can, on the balance of
probabilities, identify individuals by cross referring the requested
information with other information that was available to them, then the
information is personal data. I am satisfied that the postcode constitutes
personal data within the meaning of Section 40(2) and accordingly the
exemption in section 40(2) will be relied on by the Council. In respect of
the public interest in disclosure of information of this nature, to the
extent that there is a public interest in receiving information about the
location the respondents have originated from, this is a matter which will
be addressed via the report due to be made to the Traffic Management
Committee in December 2015 having due regard to the Data Protection Act
1998 requirements and accordingly I am not satisfied that disclosure of
such information at this stage is in the public interest.

 

You have asked for a consideration of whether the Council would be able to
extract the outbound post code information (first part of the postcode)
and provide this instead. The ICO Anonymisation Code provides some
statistics around how readily an individual household/householder may be
identified through their post code. For example, in England, the following
average characteristics apply to postcodes:

•          full postcode = approx. 15 households (although some postcodes
only relate to a single property)

•          postcode minus the last digit = approx. 120/200 households

•          postal sector = 4 outbound digits + 1 inbound gives approx.
2,600 households

•          postal district = 4 outbound digits approx. 8,600 households

•          postal area = 2 outbound digits approx. 194,000 households

 

In order for the Council to assess whether disclosure of the outbound
codes, in conjunction with other information already in the public domain,
would lead to the disclosure of personal information, the Council would
need to assess how many households the particular postcodes related to,
against the backdrop of the information in your possession, already
available  in the public domain or readily ascertainable from the public
domain. Given the volume of responses as detailed in the initial response
to you, it is considered that to undertake this determination of whether
such disclosure would amount to an aggregation of personal data, would
take the Council in excess of the appropriate limit and accordingly the
provisions of section 12 are engaged. The Freedom of Information (Fees and
Appropriate Limit) Regulations 2004 specify an “appropriate limit” for the
amount of time the Council may be required to spend extracting the data
requested for disclosure. If the Council estimates it will take more than
that, then under Section 12 of the FOIA, it is not obliged to carry comply
with that request. The appropriate limit currently specified by the
Regulations for local authorities is £450. This represents the estimated
cost of one person spending 2½ working days in locating, retrieving and
extracting the information from where it is stored.

 

“3 - Whether inside or outside the zone.

 

The council has supplied data showing that there were 3382 responses.

The number of responses with either YES, NO or DK to Qu1 is 3265.

However Cabinet Member Cllr Bee stated that there were only 2320 valid
responses.

See 1834 at
[1]http://www.croydon.public-i.tv/core/port...

 

The council FOI response showed only 117 as invalid in some way.

That all means there are 1062 responses which the FOI says are valid, but
which have not been counted for some reason.

 

The council received this FOI before it began its analysis of the results.

It must have decided in each case whether to accept or reject a response.

All that is asked for is to reveal that fact.

 

If "that information is not currently held", it must mean that the council
created the information, and then destroyed it after receiving the FOI but
without passing it on.

That cannot be right, and is also not credible.

 

Please provide this information.”

 

As explained to you in the initial response, the Council is in the process
of assessing and analysing the data and to that extent, I am advised that
the information is not currently held. In addition, as set out at the
beginning of this section, a report to members on the consultation and
outcome, including any analysis of the data held,  is due for future
publication in December 2015 and the Council will be relying on Section 22
in this regard.

 

“4 - In terms of paper responses, the council was asked to obtain the
dates.

Pleas explain why the "council does not stamp receipt of consultation
responses", as doing so would be normal good practice, and avoid
allegations of abuse of process.”

 

As set out above, the purpose of FOIA is to provide you with information
which the Council may hold, it’s purpose is not to generate information or
explanations which you may wish to receive about matters. You were advised
in the initial response that the council does not stamp receipt of
consultation responses nor record a time when they were received.
Accordingly, under section 1(1) this information is not held by the
Council.

 

“5 - The original FOI asked for an XLS not XLSX file.

The reason was that some can only use XLS files, while all who can use
XLSX can use XLS as well.

Under anti-disccrimination principles and making information available to
all, the council should comply with this request.

Please provide the file in XLS format - with the additional information
requested above.”

 

In respect of your internal review request, please find attached the
spreadsheet in XLS format as requested.

 

If you are not content with the outcome of the internal review, , you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire, SK9 5AF

 

Yours sincerely

 

 

Jessica Stockton

Corporate Solicitor 

 

Legal & Democratic Services
Resources Department
4th Flr Annex, Zone G

Bernard Weatherill House

8 Mint Walk

Croydon

Surrey

CR0 1EA

 

[2]cid:image002.jpg@01CF83BC.2AED9FA0

 

 

 

From: Stockton, Jessica
Sent: 18 September 2015 12:25
To: '[FOI #276886 email]'
Subject: FW: FREEDOM OF INFORMATION REQUEST - INTERNAL REVIEW - F/4403

 

Dear Mr Black,

 

Please be advised that Mr Derby is unexpectedly away from the office and I
have been asked today to pick up this matter in his absence. I have made
enquiries of the relevant department and will respond to you as soon as I
have heard further from them, but understand that the lead officer is on
annual leave so this may take longer than we would like.

 

Yours sincerely

 

Jessica Stockton

Corporate Solicitor 

 

Legal & Democratic Services
Resources Department
4th Flr Annex, Zone G

Bernard Weatherill House

8 Mint Walk

Croydon

Surrey

CR0 1EA

 

[3]cid:image002.jpg@01CF83BC.2AED9FA0

 

 

 

 

show quoted sections

Mark Black left an annotation ()

Complaint made on 21-9-15 to ICO as LBC has refused to supply some of the information, or to respond in a timely fashion.

Mark Black left an annotation ()

The ICO has induced Croydon Council to release partial postcode data - see here:
bit.ly/1TqMaoc

However Croydon is still refusing to release the full data, so the ICO will issue a Decision Notice in fur course

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